The Magistrate Court of DeKalb County, Georgia

Personal Property Foreclosures

The following are instructions for filing a foreclosure on personal property. The following materials are required:

For one defendant: Original petition, two copies, and one envelope with sufficient postage

For two defendants: Original petition, four copies, and two envelopes with sufficient postage

Cost for Filing and Service of Affidavit:

Filing Fee: $4.00 and $35 for service by Marshal for each defendant

Writ and Turnover Order with Service: $88

Additional Instructions
Copies of the Security Agreement must be attached to the original and all copies. Once served, the defendant has seven (7) days to file an answer. When the answer is filed, a hearing will be scheduled. As the plaintiff, you will receive a return of service from the Marshal's Department indicating the date of service on the defendant. You will receive notice of the time and date the hearing will be held.

If the defendant fails to answer, you are required to prepare the writ of possession and order. This is usually done at the time of filing. You must also pay the service costs for the writ. No request for writ and order will be accepted by telephone or fax. Once the judge has granted the writ of possession and order, please wait 48 hours before contacting the Marshal's Department to execute the writ. You may reach the Marshal's Department at 404-371-2930.